On August 20, 2024, Judge Brown of the Northern District of Texas blocked the FTC’s Final Rule banning noncompetes. The decision comes just over a month after Judge Brown’s preliminary injunction order, which stayed the rule...more
8/22/2024
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Lack of Authority ,
Non-Compete Agreements ,
Preliminary Injunctions ,
Statutory Authority ,
Texas
In our recent alert, we noted that while a Texas federal court’s decision in Ryan LLC v. FTC to preliminarily enjoin the FTC’s noncompete rule applied only to the parties in the case, there was still potential for a broader...more
On July 3, 2024, Judge Ada Brown in the Northern District of Texas issued her highly anticipated decision in Ryan LLC v. FTC addressing plaintiff Ryan LLC’s motion for a preliminary injunction seeking to stay enforcement of...more
7/9/2024
/ Appeals ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Litigation Strategies ,
Non-Compete Agreements ,
Preliminary Injunctions ,
Texas
California recently passed two laws amending its longstanding prohibition of employee noncompete agreements, both of which became effective this month. Section 16600 of the California Business and Professions Code voids...more
On January 15, 2022, New York City passed Local Law 32 of 2022, which requires employers in New York City to post the “minimum and maximum salary” for “advertisements” in a “job, promotion or transfer opportunity.” This...more
4/6/2022
/ Disclosure Requirements ,
Employees ,
Employer Liability Issues ,
Job Ads ,
Job Applicants ,
New Legislation ,
New Regulations ,
Pay Transparency ,
Salaried Employees ,
State and Local Government ,
Wage and Hour
President Biden promised during his campaign that if elected he would take federal action against non-competition agreements. On July 9, 2021, Biden issued a broad executive order aimed at making good on that promise. He...more
Responding to a recent New York federal court decision invalidating certain of its regulations interpreting the paid leave provisions of the Families First Coronavirus Response Act (FFCRA), the U.S. Department of Labor (DOL)...more
9/22/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Policies ,
Families First Coronavirus Response Act (FFCRA) ,
Furloughs ,
Intermittent Leave ,
Layoffs ,
New Guidance ,
Paid Leave ,
Remote Working ,
Sick Leave ,
Work Availability Requirement
The rise in opioid use and addiction in the United States has raised complicated issues for employers. On August 5, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) addressed some of these issues by issuing...more
On June 18, 2020, the U.S. Occupational Safety and Health Administration (OSHA) released a new publication entitled Guidance on Returning to Work. The Guidance contains recommendations regarding best practices for employers...more
In a landmark ruling, the U.S. Supreme Court held on June 15, 2020 that employment discrimination on the basis of sexual orientation and gender identity is unlawful under Title VII of the 1964 Civil Rights Act. The ruling...more
6/17/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
The Occupational Safety and Health Administration (“OSHA”) has changed its policy for employer recording of COVID-19 cases among its workforce. OSHA’s new policy rescinds prior guidance announced in April 2020 (discussed...more
Last week, in Velox Express, Inc., the National Labor Relations Board (NLRB) answered what had been a long-standing open question under federal labor law, ruling that the misclassification of employees as independent...more
Three weeks ago, we reported on the Massachusetts Department of Family and Medical Leave’s new guide for employers on how to comply with the new Paid Family and Medical Leave Act (PFMLA). That alert can be found here. The...more
On March 26, 2019, the Massachusetts Department of Family and Medical Leave issued a guide for employers on complying with the new Paid Family and Medical Leave Act (PFMLA). As the guide makes clear, employers will need to...more
On August 10, 2018, Governor Baker signed the non-compete bill recently passed by the Massachusetts Legislature. As a result, the new law will take effect on October 1, 2018 and will apply to agreements signed on and after...more
In 2010, Massachusetts became one of the first states to pass so-called “ban the box” legislation, which barred employers from asking prospective employees about their criminal histories on their initial employment...more
On June 1, 2015, the U.S. Supreme Court held, in Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc., that an employer violates federal anti-discrimination law where an applicant’s need for a religious...more
6/4/2015
/ Abercrombie & Fitch ,
Discrimination ,
Dress Codes ,
EEOC v Abercrombie ,
Employer Liability Issues ,
Employment Application ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Reasonable Accommodation ,
Religious Accommodation ,
Religious Discrimination ,
SCOTUS
At some point, every emerging company must identify and retain people to work for the business. The founders or owners of the business recognize that they cannot do it alone, and they need to bring on talented individuals to...more
Two cases decided by the U.S. Supreme Court at the end of its 2012-13 term, University of Texas Southwestern Medical Center v. Nassar and Vance v. Ball State University, will significantly alter the landscape of employment...more
7/5/2013
/ Discrimination ,
Employee Rights ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Retaliation ,
SCOTUS ,
Supervisors ,
Title VII ,
UT Southwestern Medical v Nassar ,
Vance v. Ball State University